Feb 8, 2010 by Bruce
San Francisco Chronicle “outs” Prop 8 judge
According to a column on Sunday:
“The biggest open secret in the landmark trial over same-sex marriage being heard in San Francisco is that the federal judge who will decide the case, Chief U.S. District Judge Vaughn Walker, is himself gay.”
As any reader of this blog already knows, I’ve criticized Walker’s handling of the case from the beginning. His rulings on discovery disputes, unnecessary factual issues he wanted to see developed at trial, and his incomprehensible series of maneuvers attempting to get television cameras in his courtroom, have all revealed a bias in favor of the anti-Prop 8 plaintiffs. The source of that bias could be the judge’s sexual orientation. At this point that’s just speculation. The fact that the bias exists is what’s important. As Andy Pugno, a lawyer for the Prop 8 folks said in the article:
“In many ways, the sponsors of Prop 8 have been put at significant disadvantage throughout the case,” Pugno said. “Regardless of the reason for it.”
Ed Whelan at Bench Memos comments on the Chronicle article in a post entitled: “Judge Walker’s Skewed Judgment.” Key excerpts:
From the outset, Walker’s entire course of conduct in the anti-Prop 8 case has reflected a manifest design to turn the lawsuit into a high-profile, culture-transforming, history-making, Scopes-style show trial of Prop 8’s sponsors.
….
Walker’s entire course of conduct has only one sensible explanation: that Walker is hellbent to use the case to advance the cause of same-sex marriage. Given his manifest inability to be impartial, Walker should have recused himself from the beginning, and he remains obligated to do so now.
I agree with both Pugno and Whelan. Whatever the source of Walker’s bias, the results have been clear – any chance for an impartial trial based on the actual (as opposed to the Walker-contrived) constitutional issues surrounding marriage – has been lost.
